Bfast Terms and Conditions

Free Trial

As part of becoming a registered user, you may have obtained a time limited free trial of the Bfast service (“Bfast Free Trial”). Following the expiration of your Bfast Free Trial, you will be required to pay for our service.

Refunds

Your payments to Bfast are for access to our service and website. In exchange for your payment, you will have access for a designated period of time, after which you will have to pay a further fee for access.

Bfast does not provide refunds for fees paid in respect of our service.

If you have made a mistake when choosing the length of time that you wish to subscribe to the Bfast service, please contact us within 24 hours and we will, in our sole discretion, determine whether to vary the transaction. Please be aware that Bfast will charge you a $50 fee for varying a transaction. Please take care to choose the correct subscription period when joining or renewing the Bfast service.

Limitation of Liability

While all reasonable efforts are made by Bfast to ensure the accuracy of the Bfast service and website, it is an essential pre-condition of your use of the Bfast service and website that you hereby agree to hold Bfast harmless and release Bfast for any loss or damage you may suffer related to your use of the Bfast service or website, whether arising from errors, acts or omissions in our documents or your information.

You agree that Bfast will not be liable to you in any circumstance for loss of profit, loss of chance, taxation penalties, general interest charges levied by the Australian Taxation Office or other fines or fees which are levied on you or found to be payable as a result of your failure to meet any Australian law including taxation laws.

You agree that you hold sole responsibility to maintain and manage the accuracy of information entered into Bfast and for checking the accuracy of any information provided to any government entity including the Australian Tax Office (“ATO”) in any documents you provide to the ATO.

You agree that your use of the Bfast website and service is at your own risk. You should confirm independently that all items of information that you enter and any aggregate calculations that Bfast performs for you are correct before lodging any documents with the ATO or providing any information to your accountant or book-keeper.

You acknowledge and agree that any estimated tax liability provided by Bfast is a guide only and should not be relied upon as a representation of taxation advice or a representation as to the actual refund or amount owing that you may receive or have to pay the Australian Tax Office.

Links to Other Websites

Bfast may provide links to other websites for your information. Bfast does not sponsor, endorse or approve any of these sites unless otherwise stated on our website. Bfast does not accept any responsibility for the content on any websites to which Bfast provides links.

Australian Consumer Law

For the purposes of the Australian Consumer Law contained within the Competition and Consumer Act 2010 (Cth), Bfast’s liability for any breach of a term of this agreement is limited to:

supplying to you the services again; or

payment for the costs of having the services supplied to you again.

Disclaimers

To the furthest extent permissible under law, Bfast absolutely and irrevocably disclaims all warranties, either express or implied, including, but not limited to: implied warranties of merchantability and fitness for any particular purpose.

Bfast provides you with no warranty that the Bfast service will be free from errors, or that any defects in the site will be corrected, or that Bfast’s website will be free from viruses or any harmful components.

Bfast does not warrant or make any representations to you regarding the use or the result from the use of any document, link or information provided to you in the Bfast service or website or as to the correctness, suitability, accuracy, reliability or otherwise.

It is your responsibility to bear the cost of repairs or correction to any of your information processed by Bfast which is later found to be defective either in individual items or in aggregate calculations performed by Bfast.

The applicable law in your state or territory may not permit some of the above exclusions. To the extent that any of the above exclusions are not allowed at law, they do not form part of this agreement. You should consult the laws in your state or territory to determine whether some of these exclusions do not apply to you.

Business Use Only

The Bfast service has been designed to meet some of the needs of Australian Sole Traders. It is not designed or created for domestic consumers or for use outside of the running of a business.

Privacy

Bfast respects your privacy and keeps your personal information confidential. We adhere to the privacy principles set out in the Privacy Act 1988 (Cth). Please see our Privacy Policy for more information.

Bfast does not sell or deal in personal or customer information. Bfast may use your information in aggregate form without any identifying data to create marketing statistics and improve the Bfast service.

Bfast will disclose your information where required to do so:

by law or by any court, such as in response to a Subpoena;

as required as part of the operation of the Bfast Referral Program as set out below and in our Privacy Policy;

to enforce the terms of any agreement between you and Bfast; and

to protect the rights, property or safety of the Bfast service, our customers or third parties, such as by disclosing information to legal or insurance advisers.

Jurisdiction

This agreement and this website are subject to the law of New South Wales and Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales to determine any dispute which arises under this agreement.

Dispute Resolution

Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules prior to either party taking action, save where that action is for the recovery of unpaid fees due by a customer for the use of the Bfast service.
Competitors

If you are in the business of providing online bookkeeping services for a fee or on a for-profit basis to users, whether they are business or domestic users then you are a competitor of Bfast. Bfast expressly excludes and does not permit you to use or access the Bfast website, to subscribe to the Bfast service, download any documents or information from the Bfast website or obtain such information from a third party.

If you are a competitor and breach this agreement, you agree to indemnify Bfast for any loss which Bfast may suffer as a direct or indirect result of your actions, including all profits that you might make from such unauthorised use, legal fees on an indemnity basis, as well as any other direct or indirect costs incurred by Bfast in relation to your breach of this agreement.

Bfast reserves the right to exclude any person or entity, whether that person is a competitor or not, from using the Bfast service or website or information contained therein.

Bfast reserves the right to determine who is a competitor for the purposes of this section.
Breach and indemnity

In the event that you breach this agreement, you agree to indemnify Bfast for any and all loss or damage suffered by Bfast in connection with your breach, including direct and indirect losses, loss of profit, loss of chance, diminution of goodwill and legal expenses (including court filing fees, solicitor-client legal costs and disbursements) on a full indemnity basis.
Interest

You agree to pay Bfast interest on any payments due to Bfast for your use of the service, or on any damages suffered by Bfast as a result of your breach of this agreement at the rate of the current Reserve Bank of Australia interest rate plus 20% per annum, calculated and compounded daily on any amount which may be outstanding from time to time.

In the event that you pay Bfast on time for the use of the Bfast service, or pay a demand within 21 days of receiving a notice from Bfast informing you of a loss suffered by Bfast as a result of your breach of this agreement, Bfast agrees to waive its entitlement to interest under this agreement, but only on such part of the payments which has been paid by you.

Copyright

You are only permitted to use the Bfast service and website for the purposes of managing the bookkeeping of your small business. You may not reproduce the information contained in the Bfast service for any other purpose including sale, reverse engineering or use by a third party.

You may provide the information provided by the Bfast service to the ATO or your accountant, subject to you accepting full responsibility for the accuracy of such information.

The Bfast website and Bfast logo are the copyright property of Bfast. Other than icons within the Bfast website and Bfast service are used under license and are copyright for their respective owners, all page, interface and site design is copyright property of Bfast. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use. Apart from any use as permitted under the Copyright Act 1968 (NSW), you may not, in any form or by any means adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create any kind of derivative works from any part of this website; or commercialise any information, products or services obtained from any part of the Bfast website without the written permission of Bfast.

You must not attempt to gain unauthorised access to the database or source code in the Bfast website, misuse the site, attempt to reverse engineer programming code, or otherwise use the Bfast service other than in the manner set out above.

Whole Agreement

These terms and conditions represent the entire agreement between you and Bfast concerning your use and access to our website and your use of the Bfast service. No other term is to be included or implied into this agreement other than where required by any Commonwealth, State or Territory legislation.

All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Severability

If any clause or term is found to be illegal, void, or unenforceable in any State or Territory then that clause will not apply, and shall be deemed to have never been included in the terms and conditions for that State or Territory only.

The clause will remain, if legal and enforceable, as part of the agreement applying to other States and Territories.

The exclusion of any term under this section will not affect or change the enforceability or construction of the other clause of these terms and conditions.

Bfast Referral Program

We will provide you with ways to invite others to join Bfast. These methods may include a form field which will send an email to others on your behalf containing a custom URL (“Referral Link”), a Referral Link which you may provide to others, and a four-digit alphanumeric code to be entered by a customer when they sign up to Bfast (“Referral Code”).

By providing us with the contact details of any potential customers, you authorise us to communicate with those individuals or businesses, and warrant that you have permission to share their information with us. We will use your name in connection with our communications to those users to indicate how we were provided with their information. When a user signs up to Bfast using one of the methods described in clause 39, your details will be recorded in our database as the referrer of that customer (“Referral Customer”). Please see our Privacy Policy.

We will provide you with a Commission Rate which may change from time to time without notice to you. Different Commission Rates may apply to different individuals. We reserve the right to change the Commission Rate for individual users at any time without notice to you. Any changes to the Commission Rate will only affect future payments by Referral Customers and will not affect Bfast Credits you have earned in the past.

The Commission Rate may be one rate for a defined period of time, such as 12 months, and then a lower rate, or no rate thereafter. If you are registered for GST, then any payments made to you will be inclusive of GST.

You will be entitled to a Bfast Credit equal to payments made by each Referred Customer multiplied by your Commission Rate in place at the time of the payment. This means that for any Referred Customers paying on a monthly basis, if your Commission Rate changes, then all future monthly payments by the Referred Customers will be calculated with reference to the new Commission Rate.

You may be entitled to a further Bfast Credit on customers who are referred by your Referred Customers (“Second Level Referrals”). This further commission will be calculated as payments from those second level referred customers are received. Commissions in connection with Second Level Referrals are only payable if customers referred by your Referral Customers sign up using the custom URL we provide to your Referral Customers.

You agree that Bfast Credits have no monetary value.

A Bfast Credit may be redeemed as a credit towards your account, which will extend the length of your subscription (Credit Claim), or as a cash payment to your nominated bank account (Cash Claim). You must remain a paying customer of Bfast to be entitled to redeem any Bfast Credit.

If you cease being a registered user, you forfeit any right to accrued or future Bfast Credits.

If you wish to lodge a Credit Claim, you must strictly follow the following process:

you must lodge your claim via our website; and

you may lodge a Credit Claim for any sum.

If you wish to lodge a Cash Claim, you must strictly follow the following process:

you must lodge your claim via our website;

the amount of Bfast Credit redeemed in your Cash Claim must be greater than AUD$30 (excluding GST); and

the Cash Claim must be received by Bfast within 24 months of the date and time that the Bfast Credit accrued.

After 24 months from the date and time the Bfast Credit accrues, the Bfast Credit will automatically be applied by our system as a Credit Claim towards your account with Bfast, which will extend the length of your subscription. After our system maskes a Credit Claim on your behalf, you no longer have any entitlement to made a Credit Claim or Cash Claim in respect of the Bfast Credits redeemed by our automated process.

You authorise us to issue, on your behalf, an invoice in respect of any Credit Claim or Cash Claim addressed to Bfast.

Until such time as you submit a Credit Claim or Cash Claim, no obligation arises on the part of Bfast to pay to you any sum or to provide you with any credit to your subscription. This clause is essential.

In the event that any arithmetic, coding or other error occurs, or a Referred Customer challenges a payment made by credit card, you agree to waive any right to cash payments or credits redeemed, return any redemptions made to your account in error, and/or to have a balancing counter-credit or cash sum deducted from your account, to cancel out the payment by a Referred Customer that has been challenged or reversed or the amount relating to any error.

Bfast will make reasonable efforts to track and pay commissions for all Referred Customers that you have referred. You understand and agree that referral tracking is not always 100% accurate. However, Bfast is not responsible for technical problems, Acts of God, acts by third parties, or other events outside our reasonable control, which may temporarily disrupt or diminish our ability to calculate or track Bfast Credits. We will make reasonable efforts to identify Referral Customers in the event of any technical difficulties. You agree to hold Bfast harmless and release Bfast from any claims arising in connection with any of the above.

General

In these Terms and Conditions, unless the context otherwise requires:

headings and underlinings are for convenience only and do not affect the interpretation of this document;

words importing the singular include the plural and vice versa;

words importing a gender include any gender;

an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate or any government, governmental authority, agency or instrumentality of whatever nature or kind and however named or called and vice versa;

a reference to a document or an agreement includes an amendment or supplement to, or replacement or novation of, that document or agreement;

a reference to a party or in any other document or agreement includes that party’s permitted successors and permitted assigns; and

no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms or any part of them.

Amendments to These Terms

From time to time, we may need to amend these Terms. You agree to regularly review these Terms, and agree that your ongoing use of the Bfast service after any change to the Terms will constitute acceptance of the change to the Terms.